Vol. 136, No. 31 — August 3, 2002

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, the conditions of Permit No. 4543-2-03300 are amended as follows:

4. Loading Site(s): (a) Various approved sites in the Lower Mainland, at approximately 49°17.90' N, 123°00.95' W; and (b) Various approved sites on the southern portion of Vancouver Island, at approximately 49°00.00' N, 124°00.00' W.

5. Disposal Site(s): (a) Point Grey Disposal Site: 49°15.40' N, 123°22.10' W, at a depth of not less than 210 m; and (b) Victoria Disposal Site: 48°22.30' N, 123°21.80' W, at a depth of not less than 90 m.

A. MENTZELOPOULOS
Environmental Protection
Pacific and Yukon Region

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-04251 is approved.

1. Permittee: Fruits de mer St-Paul ltée, Rivière-Saint-Paul, Quebec.

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish processing operations.

3. Term of Permit: Permit is valid from September 3, 2002, to September 2, 2003.

4. Loading Site(s): Chevalier Bay Harbour: 51°26,08' N, 57°38,20' W (NAD27).

5. Disposal Site(s): Within a 1-km radius of 51°24,72' N, 57°39,36' W (NAD27).

6. Route to Disposal Site: Direct navigational route from the loading site to the disposal site.

7. Equipment: The wastes will be disposed of by towed scow or in towed floating plastic containers with lid (grey container).

8. Method of Disposal: The material to be disposed of will be placed in the towed scow or in towed floating plastic containers with lid (grey container) and discharged directly into the sea within the perimeter indicated in paragraph 5.

9. Rate of Disposal: As required by normal operations.

10. Total Quantity to Be Disposed of: Not to exceed 200 tonnes.

11. Waste or Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish processing operations.

12. Requirements and Restrictions:

12.1. It is required that the Permittee report, in writing, to the Regional Director, Environmental Protection Branch, Department of the Environment, Quebec Region, 105 McGill Street, 4th Floor, Montréal, Quebec H2Y 2E7, at least 48 hours prior to the start of the first disposal operation to be conducted under this permit.

12.2. A written report shall be submitted to the Regional Director, at the address listed in paragraph 12.1., within 30 days of the expiry of the permit. This report shall include the Registry of Disposal at Sea Operations, mentioned in paragraph 12.5., and shall contain the following information: the quantity and type of material disposed of pursuant to the permit, the dates on which the disposal and loading activities occurred and the equipment used for loading and disposal operations.

12.3. It is required that the Permittee admit any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, to any place, ship, aircraft, platform or anthropogenic structure directly related to the loading or disposal at sea referred to under this permit, at any reasonable time throughout the duration of this permit.

12.4. A copy of this permit must, at all times, be kept on board any vessel involved with the disposal operations.

12.5. The Permittee must complete the Registry of Disposal at Sea Operations as provided by the Department of the Environment. This registry must, at all times, be kept on board any vessel involved in the disposal operations and be accessible to enforcement officers designated under the Canadian Environmental Protection Act, 1999.

12.6. The disposal at sea referred to under this permit shall not be carried out without written authorization from the Permittee.

12.7. The barge or containers to transport the material to be disposed of must be covered in a manner to prevent access by gulls and other sea birds.

12.8. The loading must be completed in a manner that ensures no material contaminates the marine environment, notably the harbour and adjacent beaches. The Permittee must also ensure that the loading sites are cleaned up and, if necessary, that spilled wastes are recovered.

M.-F. BÉRARD
Environmental Protection
Quebec Region

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 11 404/11 410

Significant New Activity Notice
(Section 85 of the Canadian Environmental
Protection Act, 1999)

Whereas the ministers of Health and of the Environment have assessed information in respect of the substance 2-Propenoic acid, 2-alkyl-, oxiranylmethyl ester polymer with ethenylbenzene, 4-hydroxybutyl 2-propenoate, 2-methylpropyl, 2-propenoate and exo-1,7,7-trimethylbicyclo [2.2.1]hept-2-yl 2-propenoate, 2,2'-azobis[2-methylbutanenitrile]-initiated,

Whereas the substance is not on the Domestic Substances List,

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic,

Now therefore the Minister of the Environment indicates, pursuant to section 85 of the Canadian Environmental Protection Act, 1999, that subsection 81(4) of the same Act applies with respect to the substance.

A significant new activity involving the substance is any activity that does not include being used as a component of automotive coatings by original equipment manufacturers (OEM).

The following information must be provided to the Minister, at least 90 days prior to the beginning of the proposed new activity:

(1) Proposed new activity in relation to the substance;

(2) Submission of all information prescribed by Schedule VI of the New Substances Notification Regulations;

(3) Submission of items 3(3) and 3(4) prescribed by Schedule VII of the New Substances Notification Regulations;

(4) Submission of a skin sensitization test conducted according to the maximization method, as described in the OECD Test Guideline 406; and

(5) Concentration of the substance in the final product.

The above information will be assessed within 90 days of its being provided to the Minister.

DAVID ANDERSON
Minister of the Environment

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

July 24, 2002

JACQUELINE GRAVELLE
Manager

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DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

Wetaskiwin Chamber of Economic Development & Tourism

Notice is hereby given that Her Excellency the Governor General in Council, by Order in Council dated June 6, 2002, has been pleased to change the name of the Wetaskiwin Chamber of Economic Development & Tourism to that of the Wetaskiwin Chamber of Commerce upon petition made therefor under section 39 of the Boards of Trade Act.

July 16, 2002

CHERYL RINGOR
Acting Director
Compliance Branch
Corporations Directorate

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Application for Surrender of Charter

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, an application for Surrender of Charter was received from:

July 24, 2002

ROBERT WEIST
Acting Director
Incorporation and Disclosure
Services Branch

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Letters Patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, letters patent have been issued to:

July 24, 2002

ROBERT WEIST
Acting Director
Incorporation and Disclosure
Services Branch

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary Letters Patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to:

July 24, 2002

ROBERT WEIST
Acting Director
Incorporation and Disclosure
Services Branch

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary Letters Patent — Name Change

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to:

July 24, 2002

ROBERT WEIST
Acting Director
Incorporation and Disclosure
Services Branch

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT

Process for the Determination of "Substantially Similar" Provincial Legislation by the Governor in Council

This notice is to advise the public of the process Industry Canada will follow for determining whether provincial/territorial privacy legislation that applies to the private sector will be deemed "substantially similar" to the Personal Information Protection and Electronic Documents Act (PIPEDA), pursuant to paragraph 26(2)(b) of the Act.

Background

The alignment of federal and provincial/territorial legislative regimes for the protection of privacy in the private sector will make privacy laws easier for individuals to understand and simpler for businesses to implement. In addition, greater harmonization will create a more consistent set of rules with regard to the protection of personal information, covering all businesses and organizations and across all sectors, including those sectors such as health which are largely subject to the legislative or regulatory authority of provinces/territories. Reflecting the importance of harmonizing federal, provincial and territorial legislative regimes governing the protection of privacy, the PIPEDA contains a provision, paragraph 26(2)(b), which gives the Governor in Council the power to "if satisfied that legislation of a province that is substantially similar to this Part applies to an organization, a class of organizations, an activity or a class of activities, exempt the organization, activity or class from the application of this Part in respect of the collection, use or disclosure of personal information that occurs within that province." The effect of this provision is to enable provinces/territories to regulate the personal information management practices of organizations operating within their borders and to minimize the imposition of a dual regulatory regime on these organizations. In those areas of activity under provincial jurisdiction where substantially similar provincial/ territorial legislation is in effect, only out of province/territory flows of personal information will be subject to the PIPEDA.

The former Minister of Industry described substantially similar legislation as "legislation that provides a basic set of fair information practices which are consistent with the CSA Standard, oversight by an independent body and redress for those who are aggrieved" (December 2, 1999, Minister Manley to the Standing Senate Committee on Social Affairs, Science and Technology).

Procedural Issues

What is the process for government decision-making and approval?

The Governor in Council, on the recommendation of the Minister of Industry, will make a determination of substantially similar pursuant to paragraph 26(2)(b) and make the appropriate Order. Following the usual practice, the Minister of Industry will prepare recommendations to the Governor in Council. The view of all parties directly involved will be considered including federal, provincial and territorial departments and agencies.

What will trigger a formal determination of "substantially similar" under the Act?

To begin the process, a province/territory or an organization, e.g., a credit reporting agency, can advise the Minister of Industry of the existence of provincial/territorial legislation (either in force or to come into force at a future date), which they believe is substantially similar to the federal law. In the case of an organization providing such notification, the Minister of Industry will write to the Minister responsible for the relevant provincial/territorial legislation in order to seek that Minister's views. The Minister of Industry may also act on his/her own initiative to recommend to the Governor in Council, following consultation with the province(s) or territory(ies) involved, to designate provincial\territorial private sector privacy legislation as substantially similar.

No organization or activity can be exempted from the application of the PIPEDA, pursuant to paragraph 26(2)(b), unless the Governor in Council has made the appropriate Order.

Will a decision on "substantially similar" refer to a specific provincial/territorial law, or a province's/territory's legislative regime in general, i.e., to more than one law in a province/ territory or to an activity or class of activity, such as credit reporting, which is governed by similar legislation in the provinces/ territories?

Under paragraph 26(2)(b), the Governor in Council has the power to exempt organizations or activities which are subject to a provincial/territorial law from the application of the federal law within the province/territory. Since the exemption refers to "organization, activity or class" for collections, uses or disclosures, the Order can take into account an entire provincial/territorial legislative regime for protecting personal information in the private sector, which may involve a single comprehensive privacy protection law (e.g., Quebec), or multiple provincial/territorial laws within or across provincial/territorial jurisdictions (e.g., the credit reporting legislation found in a number of provinces/ territories).

Can sector-specific legislation qualify as "substantially similar"?

As outlined above, the Order can exempt organizations or activities governed by sector specific provincial/territorial legislation that is deemed substantially similar, e.g., provincial/territorial health information legislation which applies to organizations, such as pharmacies, that are engaged in commercial activities in the health sector.

Will there be a formal opportunity for public comment?

Industry Canada will publish a notice in the Canada Gazette announcing the request for consideration pursuant to paragraph 26(2)(b) and inviting comments from the public. Such comments will be considered in the preparation of the Minister's recommendation to the Governor in Council.

What is the role of the Privacy Commissioner of Canada?

As an independent Officer of Parliament, the Privacy Commissioner can present his views on provincial/territorial privacy legislation, including draft legislation, as he deems appropriate. Subsection 25(1) of the PIPEDA requires the Commissioner to report to Parliament annually, and to report specifically on "the extent to which the provinces have enacted legislation that is substantially similar ... and the application of any such legislation." The Privacy Commissioner may consult directly with his counterpart(s) or any other person who is in a position to assist him in the relevant provinces prior to the release of his Annual Report.

In order to allow the Privacy Commissioner to carry out his mandate under subsection 25(1) of the PIPEDA, the Minister of Industry will inform the Privacy Commissioner of a request under subsection 26(2) when it is received, and will seek the Privacy Commissioner's view as to whether the legislation is "substantially similar" to the PIPEDA. For all submissions to the Governor in Council, the Minister will consider and include the views of the Privacy Commissioner.

The Privacy Commissioner has stated that, in applying the test, he will interpret substantially similar as meaning equal to or superior to the federal law in the degree and quality of privacy protection. The federal law is the threshold or floor. A provincial/ territorial law must be at least as good, or it is not substantially similar.

What is the role of the provincial/territorial Privacy Commissioners and other public agencies?

Provincial/territorial Commissioners could make their views known by responding directly to the Canada Gazette notice, or through the Office of the Privacy Commissioner of Canada, as well as through internal consultations and communications with their respective provincial/territorial governments.

Evaluation Issues

Which specific requirements will be considered by the Minister of Industry in formulating the recommendation to the Governor in Council pursuant to paragraph 26(2)(b)?

The phrase "substantially similar" is used in at least 27 federal statutes. In the Public Service Superannuation Act, for example, the term is used to define a substantially similar provincial law as "a law of a province that, in the opinion of the Minister, is substantially similar to the Pension Benefits Standards Act, 1985." By making use of the term "substantially similar" in the PIPEDA, the legislation affords provinces\territories the flexibility to adapt and tailor their own private sector legislation to the specific needs and conditions of their jurisdiction while meeting the intent of the Act. The former Minister of Industry told the Standing Senate Committee on Social Affairs, Science and Technology on December 2, 1999, "We are really looking for similar principles .... We are looking for independent oversight and we are looking for redress for individuals. We are not trying to prescribe in detail what provinces need to do" and later, "We are setting the general standard, and the provinces can legislate around it."

Substantially similar provincial/territorial legislation will be expected to:

— incorporate the ten principles in Schedule 1 (Section 5) of the PIPEDA, Principles set out in the National Standard of Canada entitled Model Code for the Protection of Personal Information, CAN/CSA-QQ830-96. The principles are accountability, identifying purposes, consent, limiting collection, limiting use, disclosure, and retention, accuracy, safeguards, openness, individual access, challenging compliance. These principles represent a well-established consensus on what is necessary to protect privacy in the contemporary social and technological environment. The ten principles are interrelated, make reference to one another and should be read together. They do not have to be enumerated distinctly and separately in substantially similar legislation — what is important is that they all be represented. Special emphasis will be placed on the principles of consent, access and correction rights.

— provide for an independent and effective oversight and redress mechanism with powers to investigate. The effective enforcement of privacy protection and recourse for individuals who believe that their personal information has been misused are both essential to sound privacy legislation.

— restrict the collection, use and disclosure of personal information to purposes that are appropriate or legitimate. The Personal Information Protection and Electronic Documents Act restricts organizations to the collection, use or disclosure of personal information only for purposes that a reasonable person would consider appropriate in the circumstances. Quebec's private sector privacy legislation (Act Respecting the Protection of Personal Information in the Private Sector) uses the phrase "for a serious and legitimate reason". Such a provision is meant to ensure that an individual can challenge illegitimate, unreasonable or inappropriate collections, uses, disclosures of their information. Substantially similar legislation will include some reference to the reasonableness and appropriateness of the purposes for which it authorizes the collection, use or disclosure of personal information.

RICHARD SIMPSON
Director General
Electronic Commerce Branch

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NOTICE:
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